PERMANENT WATER SAVING PLAN201041825510 by lindayy

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									      NORTH EAST WATER
PERMANENT WATER SAVING PLAN
CONTENTS
1         Authorising Provision                         1
2         Purposes                                      1
3         Interpretation                                1
    3.1   Definitions                                    1
    3.2   Rules for interpreting this document          2
4         Application                                   2
5         Exemption from Restrictions or Prohibitions   2
    5.1   General exemptions                            2
    5.2   Applications for particular exemptions        2
    5.3   General rules about exemptions                2
6         Penalties for Non-compliance                  3
7         Restrictions and Prohibitions                 3
8         Declaration of Restrictions                   3
9         Schedule                                      4
1.         AUTHORISING PROVISION
This Permanent Water Saving Plan is made under Section 170A of the Water Act 1989.

2.         PURPOSES
The purpose of this Plan are to:
a)         set out permanent restrictions and prohibitions on the use of water in the area of North East Water’s water districts;
b)         specify principles for considering applications for exemption from particular restrictions or prohibitions.

3.         INTERPRETATION
3.1        Definitions
“the Act” means the Water Act 1989 and any act amending the same.
“Corporation” means North East Region Water Corporation (North East Water);
“commercial car washes” means any commercial facility for washing vehicles.
“commercial market garden or plant nursery” means land used wholly or primarily for the growing of trees, shrubs, flowers, vegetables, fruit, seed or
seedlings or other like produce for sale or distribution for profit;
“domestic and stock use” means use for
     a)    household purposes; or
     b)    watering of animals kept as pets; or
     c)    watering of cattle or other stock; or
     d)    in the case of the curtilage of a house and any outbuilding, watering an area not exceeding 1.2 hectares for fire prevention purposes with water
           obtained from a spring or soak or water from a dam; or
     e)    irrigation of a kitchen garden,
but does not include use for dairies, piggeries, feed lots, poultry or any other intensive or commercial use.
“drip system” means a watering system that uses a nominal flow drip emitter and applies water directly to the soil around the plant roots at low rates of
flow. The drip system must be fitted with a manual or automatic timer.
“existing non-residential property” means a non-residential property that is supplied with potable water by North East Region Water Corporation (North
East Water) on 1 July 2007.
“microspray system” means watering systems that direct a fine jet of water onto a fixed surface to produce a spray. The micro spray system must be
fitted with a manual or automatic timer.
“new non-residential property” means a non-residential property that is first supplied with potable water by North East Region Water Corporation (North
East Water) at a date after 1 July 2007.
“non-residential property” means a property where potable water supplied by North East Region Water Corporation (North East Water) is used for any
purpose other than domestic and stock use.
“paved areas” means any man-made impervious surface, such as driveways, footpaths, patios etc.
“private garden” means a garden or nature strip forming part of or intended for use with -
     a)    a dwelling; or
     b)    a building used for commercial or industrial purposes; or
     c)    a hospital, home for the aged or other like institution; or
     d)    a university, school, research institution or other like institution; or
     e)    a cemetery;
“public authority” means any authority established by or under an Act for a public purpose and includes a municipal council;
“public garden” means a garden managed or controlled by a public authority but does not include a commercial and industrial garden or a private garden
or any median strip in any roadway;
“recycled water” means the water product made available by North East Water for beneficial use following wastewater treatment processes.
“sportsground” means any land used or capable of being used, for any organised sport or recreation.
“sprinkler” means a fixed pipe or hose system or the like used to distribute, disperse, sprinkle or spray water using any manner, method or system
for the spraying, sprinkling or dispersing of water other than a hand held hose. It also includes any automatic watering system fitted with controllers to
automatically turn the watering system on and off. It does not include misting systems used in the commercial propagation of seeds or fogging systems
used in the commercial poultry industry or microspray or drip systems.
“trigger hose” means a hand held hose fitted with a fully operational trigger or similar controlled nozzle that stops the flow of water if a lever or similar
control device is not depressed or activated;
“used water” means water that has been used for some domestic, industrial or commercial purpose which cannot again be so used;
“vehicle” means a conveyance that is designed to be propelled or drawn by any means and includes bicycle or other pedal-powered or motor vehicle,
trailer, tram, air cushion vehicle, train, boat or aircraft;
“waterMAP” means a water management plan prepared in accordance with guidelines for the preparation of such plans issued by North East Water.
“water supply system” means North East Region Water Corporation’s water supply system.
NORTH EAST WATER PERMANENT WATER SAVING PLAN                                                                                                                  1
3.2        Rules for interpreting this document
     a)    A reference to:
           i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted
              or replaced, and includes any subordinate legislation issued under it;
           ii) a document or agreement, or provision of a document or agreement, is to that document,
               agreement or provision as amended, supplemented, replaced or novated;
           iii) a party to any document or agreement includes a permitted substitute or permitted assign of that party;
           iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate
               legal identity and any executor, administrator or successor in law of the person; and
           v) anything (including a right, obligation or concept) includes each part of it.
     a)    A singular word includes the plural and vice versa.
     b)    A word which suggests one gender includes the other gender.
     c)    If a word is defined, another part of speech has a corresponding meaning.
     d)    If an example if given of anything (including a right, obligation or concept) such as by saying it includes something else, the example does not
           limit the scope of that thing.
     e)    An interpretation that would promote the conservation of water must be preferred to an interpretation that would not promote such conservation.


4.         APPLICATION
This Plan applies to water supplied by North East Water.


5.         EXEMPTION FROM RESTRICTIONS OR PROHIBITIONS
5.1        General exemptions
     a)    North East Water may prepare, adopt and publish general exemptions which specify generally applicable exemptions from restrictions or
           prohibitions set out in Schedule 1.
     b)    North East Water may amend or revoke the general exemptions at any time.
     c)    Without limiting paragraph 5.1 (a), the general exemptions may set out:
           i) permissible uses of water which are exempted from a restriction or prohibition set out in
              Schedule 1, without an application being made under sub-clause 5.2; and
           ii) the conditions upon which any such exemption is granted.
5.2        Applications for particular exemptions
     a)    A person may apply to North East Water for temporary or permanent exemption from a restriction or prohibition imposed by this Plan.
     b)    An application must be in a form approved by North East Water.
     c)    North East Water may:
           i) prepare, adopt and publish; and
           ii) amend or revoke at any time,
           iii) details of a particular exemption to inform the public about applying for exemptions under this sub-clause.
     d)    A person authorised in writing by North East Water:
           i) must consider an application for exemption; and
           ii) subject to this clause:
              •    may grant the application in full or in part and subject to such conditions as the person considers appropriate; or
              •    may refuse the application; and
              •    may revoke any exemption at any time, by giving written notice to the applicant.
     e)    An exemption ends at any time specified in the exemption.
5.3        Rules about particular exemptions
A person must not grant an application for exemption in relation to a particular restriction or prohibition unless the person is reasonably satisfied that the
proposed exemption:
     a)    is necessary to avoid an inequitable and disproportionately adverse impact upon the livelihood of the applicant, which would be caused by that
           restriction or prohibition and is consistent with the conservation policy of the government; or
     b)    is necessary to avoid any adverse effect on public health or safety.




2                                                                                   NORTH EAST WATER PERMANENT WATER SAVING PLAN
6.  PENALTIES FOR CONTRAVENING RESTRICTIONS IN A PERMANENT
WATER SAVING PLAN
6.1        The Water Act 1989 makes it an offence:
     a)    To contravene a restriction or prohibition on the use of water imposed under this Plan; and
     b)    To waste, misuse or excessively consume water.
6.2        Penalties
The Act also imposes substantial penalties for such offences, which include Penalty Infringement Notices or one or more of fines, imprisonment and daily
penalties.
6.3        Value
The value of each penalty increases each year under the Monetary Units Act 2004. The current value of each penalty for contravening a restriction or
prohibition is set out on North East Water’s website at www.nerwa.vic.gov.au
6.4        Further power
North East Water has further power to reduce or restrict the supply to a person who contravenes the Act or regulations in relation to misuse of or taking
water. North East Water can also disconnect the service to a property in relation to which a notice of contravention has been issued and not complied with.

7.         RESTRICTIONS AND PROHIBITIONS
7.1        Recycled water
The restrictions and prohibitions in Schedule 1 do not apply to recycled water supplied by North East Water.
7.2        Greywater
The restrictions in Schedule 1 do not apply to watering a residential or commercial garden with greywater.
7.3        Rainwater tanks
The restrictions in Schedule 1 do not apply to using rainwater collected by an occupier of land in a rainwater tank provided that rainwater within the tank is
not augmented in any way by water supplied by North East Water.

PART 8 - WATER RESTRICTIONS
DECLARATION OF RESTRICTIONS
The restrictions or prohibitions in the Permanent Water Savings Plan apply in addition to the restrictions or prohibitions in the Water Restriction By-Law.
North East Region Water Corporation made the foregoing Permanent Water Saving Plan for North East Water on the 26th day of February 2008 and the
Common Seal of the Authority was hereunto affixed on the 26th day of February 2008 in the presence of –




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                                                                                                                                  (Member)


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                                                                                                                                (Secretary)




NORTH EAST WATER PERMANENT WATER SAVING PLAN                                                                                                                     3
SCHEDULE 1
PERMANENT WATER SAVINGS PLAN
Under this Plan, the following water conservation practices for the efficient use of water shall apply:-
    DOMESTIC/PRIVATE GARDENS                        1.        Garden sprinklers, microsprays, drip systems and any other form of irrigation system connected
                                                              to the water supply system must not be used to water lawns and gardens between the hours of
                                                              10.00 am and 5.00 pm.
                                                    2.        Hand held hoses fitted with a trigger nozzle, watering cans or buckets can be used at any time.
    PUBLIC GARDENS                                  1.        Garden sprinklers, microsprays, drip systems and any other form of irrigation system connected
                                                              to the water supply system must not be used to water public gardens between the hours of 10 am
                                                              and 5 pm.
                                                    2.        Hand held hoses fitted with a trigger nozzle, watering cans or buckets can be used at any time.
    SPORTS GROUNDS                                  1.        Garden sprinklers, microsprays, drip systems and any other form of irrigation system connected
                                                              to the water supply system must not be used to water sports grounds between the hours of 10.00
                                                              am and 5.00 pm.
                                                    2.        Hand held hoses fitted with a trigger nozzle, watering cans or buckets can be used at any time.
    COMMERCIAL MARKET GARDENS OR                    No limitations other than those requirements set out under ‘Non- residential Properties and New Non-
    PLANT NURSERIES                                 Residential Properties.
    VEHICLES – CLEANING                             1.        Only hoses fitted with a trigger control nozzle may be used for cleaning vehicles by hand.
                                                    2.        No limitations apply to commercial car washes.
    PAVED DRIVEWAYS, FOOTPATHS AND                  Driveways, footpaths and other impervious surfaces must not be cleaned with hand held hoses fitted
    OTHER IMPERVIOUS SURFACES -                     with trigger nozzles using water unless:
    CLEANING                                        1.        Cleaning is required as a result of an accident, fire, health hazard or other emergency, or
                                                              construction works or storms;or
                                                    2.        A water efficient pressure boosted jet hose fitted with a trigger nozzle is utilised.
    CONSTRUCTION INDUSTRY – USE OF                  Hoses must be fitted with a trigger control nozzle.
    WATER
    NON-RESIDENTIAL PROPERTIES AND NEW Water supplied by North East Water must not be used on an existing non-residential property or a new
    NON-RESIDENTIAL PROPERTIES         non-residential property (as the case may be) if one of the following circumstances applies:
                                                         a)        North East Water gives notice to the occupier of an existing non-residential property that the
                                                                   property received a metered supply of 10ML or more in the preceding financial year.
                                                         b)        North East Water gives notice to the occupier of a new non-residential property that North
                                                                   East Water estimates that the property will receive a metered supply of 10ML or more in the
                                                                   next financial year.This restriction does not apply if the occupier complies with each of the
                                                                   following steps in relation to a waterMAP.
                                                    The occupier must:
                                                         c)        register its intention to prepare a waterMAP with North East Water within 1 month of the date
                                                                   of the notice referred to in (a) or (b);
                                                         d)        prepare and submit a waterMAP to North East Water within three months of registering its
                                                                   intention to prepare a waterMAP;
                                                         e)        prepare and submit a report to North East Water by each anniversary of the date on which
                                                                   the waterMAP was first submitted, in relation to:
                                                                   i) the implementation of the waterMAP; and·
                                                                   ii) water savings achieved through the implementation of the
                                                                       waterMAP during the preceding 12 months; and
                                                         f)        if requested to do so by North East Water:·
                                                                   i) review the waterMAP to identify potential changes to the waterMAP which
                                                                      may improve future water savings at the property; and·
                                                                   ii) amend the waterMAP to make any changes identified by that review; and·
                                                                   iii) submit the amended waterMAP to North East Water within three
                                                                        months of the date of North East Water’s original request.
                                                    North East Water may only request the occupier to carry out this reviewing and amending process in
                                                    respect of the property once in every 12-month period.




4                                                                                       NORTH EAST WATER PERMANENT WATER SAVING PLAN
NORTH EAST WATER
LEVEL 1, 104 HOVELL ST
WODONGA, VIC 3689
Ph: 1300 361 622, Fax: (02) 6024 7454
www.nerwa.vic.gov.au

								
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